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Home My WebLink About12-1169IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MSW CAPITAL, LLC V. DENA MARTIN Plaintiff Defendant(s) NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may, proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.1 F YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 c? rv t ? "Yy r-n o 4?- Usted ha sido demandado en torte. Si usted desea defenderse de las demandas que se presentan mas adelante en [as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de quc si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. CD -rt t?°t rT1 S, CJ USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA_21Notice to Defend P&F File No. 11-64559 NO. a aw??ffilu3.7spd ON C1-lt? ss- 1.-) (4 P-4-971Y30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff V. DENA MARTIN Defendant(s) COMPLAINT IN CIVIL ACTION NO. AND NOW, comes Plaintiff, MSW CAPITAL, LLC, by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, MSW CAPITAL, LLC, is a corporation and for the purpose of this litigation, maintaining a place of business c/o PATENAUDE AND FELIX, A.N.C., 213 EAST MAIN ST CARNEGIE, PENNSYLVANIA 15106. 2. Defendant is DENA MARTIN, an adult individual, believed to currently reside at 26 SCRAFFORD ST SHIPPENSBURG, PENNSYLVANIA 17257. 3. Defendant(s) obtained extensions of credit, purchases or cash advances on the following opened ended credit card account number XXXXXXXXXXXX5707 issued by . 4. The Defendant(s) made payments on the account. but have/has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $1,417.46, plus interest and costs. 5. Plaintiff, MSW CAPITAL, LLC, purchased the debt and now owns the aforesaid account. PA-08 Civil Cmpt DB Crdt Cd P&F File No. 11-64559 6. The Defendant(s) has/have made or authorized a number of purchases and as of October 28, 2011, Defendant(s) owes $1,417.46 on said account plus interest. 7. Plaintiff maintains accurate books of account recording all credits and debits for this account. 8. Despite repeated demands, Defendant(s) have/has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. 9. A copy of the Account Statement is attached hereto as Plaintiff's Exhibit "A" and incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $1,417.46, with continuing interest thereon at the legal rate from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Date: February 15, 2012 Respectfully submitted, 16 Patenaude & Feli A. C. Greg / rris uire ?11 . reet me , PA 15106 (412 429-7675 PA-08 Civil Cm pt DB Crdt Cd P&F File No. 11-64559 CREDIT ONE BANK CREDIT CARD STATEMENT Account Number 4447 9621 1170 5707 February 19, 2010 to March 18, 2010 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $1,351.95 Payments - $0.00 Other Credits - $0.00 Purchases + $0.00 Cash Advances + $0.00 Fees Charged + $41.50 Interest Charged + $24.01 New Balance $1,417.46 Credit Limit $800.00 Available Credit $0.00 Past Due Amount $374.00 Statement Closing Date 03118/10 Days in Billing Cycle 28 QUESTIONS? Call Customer Service or Report a Lost or Stolen Credit Card 1-877-825-3242 Outside the U.S. Call 1-702405-2042 Please send billing inquiries and correspondence to P O BOX 98873 LAS VEGAS, NV 89193-8873 PAYMENT INFORMATION New Balance $1,417,46 Amount Due This Period $1,078.46 Minimum Payment Due $1,417.46 Payment Due Date 04/12110 Late Payment Warning: If we do not receive your minimum payment by th e date listed above, you may have to pay a $35.00 late fee. Minimum Payment Warning: If you make only the minimum payment each per iod, you will pay more in interest and it will take you longer to pay off your balance. If you make no You will pay off the And you will additional charges balance shown on end up paying using this card and this statement in an estimated each month you pay... about... total of... Only the minimum payment 1 month $1,417 If you would like information about credit counseling services, call 1-866-515-5720 Reference Number Trans Date Post Date TRANSACTIONS Description of Transaction or Credit Amount Fees SERVICE CHARGE 03118 03118 CLOSED ACCT. MAINT FEE TINANCE CHARGE' 6.50 03/18 03118 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 41.50 Interest Charged 03118 03/18 Interest Charge on Purchases 24.01 03/18 03/18 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 24.01 2010 Totals Year-to-Date Total fees charged in 2010 121.00 Total interest charged in 2010 69.88 YOUR ACCOUNT IS SCHEDULED TO BE CHARGED OFF. THE BALANCE WILL BE DUE IN FULL. CALL (888) 729-6274. YOUR ACCOUNT IS CURRENTLY CLOSED. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual rate on your account. Balance Subject to Type of Balance Annual Percentage Rate (APR) Interest Rate Interest Charge Purchases 23.90%(v) $1,205.35 $24.01 Cash Advances 23.90%(v) $0.00 $0.00 (v) = Variable Rate 5385 0001 BBH 1 7 18 100318 C X Page toff 5727 9620 C110 01CH5385 11510 Your Account Number 4447 9621 1170 5707 Payment Due Date Your New Balance Minimum Payment Due Please Enter Amount a Pa ment Encbsea 04!12!10 $1,417.46 $1,417.46 ? For address and telephone chang es, please check the box To ensure proper credit, please return this portion with your and complete reverse side. payment. Please write your account number on your check, made payable to CREDIT ONE BANK We may process your payment electronically. See payments paragraph on back. CREDIT ONE BANK DENA MARTIN 11510 PO BOX 60500 26 SCRAFFORD ST CITY OF INDUSTRY CA 91716-0500 .I.II.IIIII,II....II,,.IIIIIII.I.III.II.II„ II1111 ..I SHIPPENSBURG PA 17257-1728 IIII.111111,III,IJ,IIIIIJJ.IL,IIIIILLIIL,II.I,I 0141746 0141746 4447962111705707 7 Exhibit B -- Bill of Sale ASSIGNMENT OF ACCOUNTS AND BILL OF SALE Sherman Originator III, LLC ("Seller"), owner of accounts serviced by Credit One Bank, NA, for value received, transfers, sells, assigns, conveys, grants and delivers to MSW Capital, LLC ("Buyer"), all right, title and interest in and to (i) Seller's unsecured consumer credit card accounts which are described on computer files furnished by Seller to Buyer in connection herewith; and (ii) all proceeds of such accounts (each, an "Account") after the close of business on April 14_, 2010. This Assignment is subject to the terms of the Agreement for the Purchase and Sale Agreement, dated April 14, 2010 between the parties hereto (the "Agreement"), without representations and warranties of any kind or character except as set forth therein. DATE: April 14, 2010 SHERMAN ORIGINATOR III, LLC By: 18 • tt v VERIFICATION The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed the verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: February 15, 2012 Gregg 1.. Morris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_01 Atty Ve?itication P&F File No. 11-64559 •r?/ ? `t p N 41 D 1n0UN i ?1 p tPSYLYA IfA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff NO. 2012-01169 V. DENA MARTIN Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of. MSW CAPITAL, LLC Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_l 19 Prep Def.lg Both (3tmk % I4. So ? at? k-.R sSs?a 'n I-L a'j3553 P&F File No. 11-64559 'l?n /' 1 /I d WO ) w r ? L?,.fl.l? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff NO. 2012-01169 V. DENA MARTIN Defendant(s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO:PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint Interest from March 19, 2010 Less payments received Attorney's fees TOTAL $1,417.46 $0.00 $0.00 $0.00 $1,417.46 With continuing interest on the principal amount of $1,417.46, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the defendants and defendants' counsel (if known), after the default had occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. Respectfully subnoed: Date: April 04, 2012 Patenaude &iFAA, A.P.C. 213E ain Street C gie, PA 15106 (41 )429-7675 PA_119 Prcp Def Jg Both P&F File No. 11 -64559 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff NO. 2012-01169 V. DENA MARTIN Defendant(s) PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA R C P 1037(b) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the defendant(s), DENA MARTIN, is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P.237.1, as evidenced by the attached copy. Respectfully Date: April 04, 2012 Patenaude & Mix. A.P.C. 429-7675 06 Sworn to and subscribed before me this day of , 20AD, NOTARIAL SEAL MELINDA S PERRY otary Public Notary Public CARNEGIE BORO.,ALLEGHENY COUNTY My Commission Expires Jun 2, 2015 PA_120 Aff of Non Mil P&F File No. 11-64559 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff NO. 2012-01169 V. DENA MARTIN Defendant(s) IMPORTANT NOTICE Filed on behalf of. MSW CAPITAL, LLC Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_111 10 Day D1 & ATTY P&F File No. 11-64559 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff NO. 2012-01169 V. DENA MARTIN Defendant(s) To: DENA MARTIN 26 SCRAFFORD ST SHIPPENSBURG PA 17257 Date of Notice: March 22, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 Respectfully Date: March 22, 2012 Patenaude & F4Tix, A.P.C. Morris quire ain Street gie, PA 15106 ((441)1429-7675 PA_I11 10 Day D1 & ATTY P&F File No. 11-64559 I, GREGG MORRIS attorney for Plaintiff, MSW CAPITAL, LLC , hereby certify that a true and correct copy of foregoing document was serve this date by ordinary mail upon the following: DENA MARTIN 26 SCRAFFORD ST SHIPPENSBURG PA 17257 Date: March 22, 2012 PA III 10 Day D1 & ATTY P&F File No. 11-64559 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff NO. 2012-01169 V. DENA MARTIN Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: MSW CAPITAL, LLC Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_123 Ntc Jgmt Both P&F File No. 11-64559 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MSW CAPITAL, LLC Plaintiff V. DENA MARTIN Defendant(s) NO. 2012-01169 NOTICE OF ORDER. DECREE OR JUDGMENT AGAINST DENA MARTIN ONLY TO: ( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant You are hereby ti fed that the following Order, Decree, or Judgment has been entered against you on _ q;0 ( ) Decree Nisi in Equity ( ) Final Decree in Equity (X) Judgment of ( ) Confession ( ) Verdict ( ) Court Order ( X) Default ( ) Non-suit ( ) Non-Pros ( ) Arbitration Award ( X) Judgment in the amount of $1,417.46, plus costs. ( ) District Justice Transcript of Judgment in the amount of $ , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. Pro thonot By If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (412)-429-7675 PA_ 123 Ntc Jgmt Both P&F File No. 1 t-64559